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YOU NEED A PERMIT IN NOCKAMIXON

NOCKAMIXON TOWNSHIP PLANNING COMMISSION

MINUTES

May 6, 2008

ROLL CALL:

OPEN MEETING:

Chair B. Sadow opened the May 6, 2008 Planning Commission with a salute to the flag at 7:35PM.

APPROVAL OF MINUTES:

A motion was made by D. Haubert, seconded by T. Keebler, to approve the minutes of the March 4, 2008 as presented. The motion carried 6-0-1, with M. Kulp abstaining, he was not in attendance.

SUBDIVISIONS: George Hoffman – 5-Lot Subdivision

TMP# 30-11-64-5, 30-11-164-2 and 30-11-164-3;

Marienstein Road – Residential Zoning; Stormwater Mgmt Report 2/12/2008

Sewage Facilities P.M. – 2/19/2008; BCPC Review Letter 3/18/2008;

Wetland Reports–3/10/2008; Waivers 3/3/2008; P-Hydro Review – 4/2/2008

EAC Review – 4/7/2008; Wynn Review Letter of 5/2/2008

P. Dietz, Urwiler & Walter, Engineer for the plan, gave the Planners some background on the G. Hoffman 5-Lot Subdivision consisting of 19-acres with access to Marienstein Road. A tributary to Rapp Creek, an EV Stream, runs North to South on the property. Both sand mounds and spray irrigation are proposed on these lots. A short cul-de-sac road is proposed with two flag lots. The land is currently zoned Residential.The Planners requested more details about the spray irrigation system. P. Deitz gave an explanation to the Planners. P. Deitz, S. Baluh and the Planners reviewed the Wynn Review letter dated May 2, 2008.

#1A Review: The applicant commented that the natural drainage channels referred to in the review letter may actually be plow furrows. As such, they do not appear in USGS or soil conservation district mapping. He has not reviewed special township mapping. S. Baluh commented that the Zoning Ordinance has a different definition and will require further review. He noted that the P-hydro review letter also referenced these channels. It was noted that the dual pipe culvert does not comply with protection requirements and a structure to span a watercourse must be designed. S. Baluh commented that the zoning ordinance states that a watercourse needs to be 100% protected and that a variance would be required to install two 36” pipes.

#1B Will Comply: The applicant will submit additional calculations to identify the 100-year floodplain.

#1C In Progress: A Jurisdictional Determination by the Army Corps is in process and it is expected that they will concur with DelVal Soils evaluation.

#1D Will Comply: Need to identify the tree protection zone to include trees where development is nearby.

#1E Fees: Recreation land is not proposed for this subdivision (1.55 ac). Applicant offered to pay a fee in-lieu-of for each new lot.

#1F Will Review: Applicant commented that septic systems are not totally within the Riparian buffer. They will move buildings to comply with Township stormwater management requirements. S. Baluh commented that the steep slopes near Marienstein Road would require a vegetation filter strip due to the amount of water that would run down the slope. S. Baluh suggested an on-lot drip system. P. Dietz commented that this system requires the same amount of soil as a sand mound.

#2 Needs Input: P. Dietz will obtain direction from S. Baluh regarding shoulder improvements to Marienstein Road. A meeting will be scheduled with the applicant, PennDOT and S. Baluh.

#3 Will Comply: Narrative summary of proposed development and Environmental and Cultural Assessment Report will be revised.

#4 Waiver: Due to the configuration of the land most of the lots are irregular.

#5 Cul-de-sac: This is part of Lot #5, the adjoining property has no frontage on the new street. This is not considered a front yard because it does not access side lots. A strip of ground will be used to bring utilities to the properties. A note will be added to the plan.

#6 Waiver: A waiver for the extension of cul-de-sac will be requested by the applicant. S. Baluh commented that the general policy of the Township has been not to extend.

#7 Discussion: Proposed cul-de-sac intersection with Marienstein Road does not come out at right angles. Discuss with PennDOT.

#8 Will Comply: Lot #1 driveway should have enlarged detail to clarify improvements to convey roadside drainage, and obtain required sight distance.

#9 Planners Input: Planners agreed to a 6’ grass area to walk on, rather than additional impervious surface for cul-de-sac street.

#10 Will Comply: Trees will be planted as needed. S. Baluh suggested that when trees are planted that they do not hamper the sight distance.

#11 Future Discussion: The proposed BMP’s for Lots #3 and #4.

#12 Will Comply: Approval of NPDES permit from B.C. Conservation District.

#13 Will Comply: Individual wells will be drilled on the lots. There are new test procedures for wells which is fairly well defined as outlined in the recently adopted Groundwater Ordinance.

#14 Will Comply: Sewage Facilities information will be submitted to the Township for the proposed systems.

#15 & #16 Will Comply: Installation of property monumentation. Signage will be installed within the subdivision, and the proposed name of the cul-de-sac street will be submitted to the Township and the post office.

#17 Will Comply: Plans will be submitted to the servicing fire company.

#18 S. Baluh will provide a sketch plan for several ‘furrows’ and shallow swales which collect and concentrate discharge of stormwater runoff through the site.

#19 Will Comply: Development/Financial Security Agreement will be executed between the applicant and the Township.

#20 More Review to come: Additional comments will be generated upon receipt of revised plans for this subdivision.

The applicant will respond in writing to the Township environmental consultant and EAC comments. No action was taken by the Planners.

N. Peter Kerl – 2-Lot Subdivision – Revised Plan

TMP # 30-3-13 – 659 Kintner Road; Residential Zoning;

Sewage Facilities P.M. – 4/15/2008; Stormwater Mgmt Report – 4/2/2008;

Waivers – 4/15/2008; Wynn Review Letter of 5/1/2008

P. Dietz, Engineer for the applicant, commented that this was originally a 3-Lot subdivision and has been resubmitted as a 2-Lot subdivision. N. Peter Kerl was in attendance. This is a 99-acre parcel. Mr. Kerl is negotiating with the Heritage Conservancy, Bucks County and the Township to put the majority of the tract into a conservation easement. Funding is not available from the County at this time. Because the property is in Act 319, only two acres per year can be subdivided. They proposed a Phase II to show a lot line adjustment. P. Dietz, S. Baluh and the Planners reviewed the Wynn Associates letter of May 1, 2008.

#1 Will Comply: A plan will be submitted to Durham Township for comment.

#2 Add Note: The building envelope will not touch any Resource Protected land. It allows one family to build a dwelling on 95-acres of land. A site plan would be submitted to the Township for review. The Planners suggested a note to the plan.

#3 Waivers: The applicant requested waivers from cartway widening, curb, and sidewalk.

#4 Will Comply: A written response will be submitted for the EAC and the Township environmental consultant.

#5 Will Comply: Ultimate right-of-way of Kintner Road will be offered for dedication to the Township – Note 27 on the plan.

#6 Will Comply: BMP’s were discussed and options of where to locate the drainage.

#7 Will Comply: Verification of approval from the B.C. Conservation District and a NPDES permit will be obtained, if needed.

#8 PennDOT’s requirements for sight distance is 195’, they have 270’ from the Lot #1 driveway. They have cleared the brush/trees.

#9 One Well: One dwelling is proposed for the 2-acre lot. Since the large tract will be under conservation easement he requested that no well be drilled at this time. The Planners agreed.

#10 Will Comply: Operation & Maintenance agreement will be executed for inclusion with submission to PADEP.

#11 & #12 Will Comply: Property monumentation will be installed. Development/Financial Security Agreement will be executed between the applicant and the Township.

#13A & B Will Comply: Will address these comments on the plan.

#13C Discussion: Asked for a suggestion of how to address the future lot-line adjustment. Applicant is not opposed to adding a note to the plan for a time frame, and restrictions. S. Baluh will contact J. Yeager regarding the language on the plan.

The discussion continued with P. Dietz, S. Baluh and N. Peter Kerl regarding the conveyance of the parcel and how it will affect the conservation easement to be established. P. Deitz requested preliminary approval from the Planners in order to move forward with the easement. A motion was made by P. Hamilton, seconded by T. Keebler, to grant preliminary plan approval of Lot #1 on the N. Peter Kerl 2-Lot Subdivision proposal contingent upon the Wynn Associates review letter of May 1, 2008. The motion carried 7-0-0.

Lonely Cottage Plan – 3-Lot Subdivision – Preliminary/Final

TMP# 30-13-5 – Lonely Cottage Drive; Residential Zoning

Environmental Impact Report – 2/18/2008; SW Mgmt 3/12/2008

(PC Acknowledge Receipt)

The Planners acknowledged receipt of this plan.

Guy Jesiolowski – 2-Lot Subdivision

TMP# 30-15-11-4 – 496 Quarry Road, Residential Zoning

Environmental Impact Report – 4/3/2008; SW Mgmt Report – 3/23/2008

Sewage Facilities P.M. Submission: Waivers – 4/4/2008

(PC Acknowledge Receipt)

The Planners acknowledged receipt of this plan.

LAND DEVELOPMENT: Harrow Station LLC/Glenn Neebe

TMP# 30-11-29 – Harrow Station Car Wash & CVS; Commercial Zoning

Environmental Impact Report – 4/11/2008; SW Mgmt Report – 4/11/2008

Waiver letter 4/10/2008; PADEP – Application for P.M. – 4/22/2008

(PC Acknowledge Receipt of Plan)

The Planners acknowledged receipt of this land development.

NEW BUSINESS: There was no new business

OLD BUSINESS: There was no old business

PUBLIC COMMENT:

-T. Stone noted that the U.B. Regional EAC will meet on May 22, 2008, 7:30PM at the Springtown Fire Company. L. Bush, Executive Director of the B.C.P.C. is the scheduled speaker.

-S. Mendelson commented about the problems at Hidden Valley and Act 537. She discussed the ‘well masters’ of Penn State who are earning their degree to educate the public. She believes it would be a valuable addition to Township discussions. She asked the Planners if they would be interested in having them attend the joint work sessions. The Planners requested literature to review and then a decision will be made. T. Stone commented that letters have been forwarded to the PADEP requesting a public hearing on the Hidden Valley problems.

-N. Janyszeski commented that she received a fax copy of the Hidden Valley report from PADEP to Bucks County.

CORRESPONDENCE:

A. Growing Greener – Conservation by Design – 3/5/2008

B. OSC February Minutes – 3/25/2008

C. BCPC – Hoffman Review Letter – 3/18/2008

D. Correspondence to R. Gundlach, Esq. – Work Session (ACT 537) 3/18/2008

E. Wynn Sub/Land Development Plan Status – 3/26/2008

F. P-Hydro–Review Letter for Harrow Station Adult Community, LLC – 4/18/2008

G. BNTGWC - Quarry Sunset Criteria – 4/11/2008

H. Grieger – CVS/Car Wash concerns – 4/12/2008

I. BCCD – E. McArdle NPDES Permit – 4/4/2008

J. Wynn Sub/Land Development Plan Status – 5/2/2008

ADJOURNMENT:

A motion was made by C. Bahnck, seconded by D. Haubert, to adjourn the Planning Commission meeting at 9:12PM. The motion carried 7-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary